Terms & Conditions
Last updated on April 20th, 2022
This website is owned and operated by DMB Media LLC/Diamond Moon Boudoir, a Kentucky company. Our principal place of business is located in Lexington, KY.
You must be at least 18 years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warrantees as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of DMB Media LLC/Diamond Moon Boudoir or the property attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to immediately stop using our intellectual property.
You may use our intellectual property with clear and obvious credit back to our site, as well as links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Your Communications
Any communications made through our contact forms, blog, blog comments, newsletter sign-up or other related pages, or directly to our phones or mailing or email addresses is not held privileged nor confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States laws, and will not give credit or pay royalties for unsolicited, user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this website.
Downloadable Products
Due to the nature of digital downloads and gift cards, such products are not subject to refunds of credit. ALL SALES ARE FINAL.
Shipping is provided by the USPS, UPS and FedEx. All domestic shipments are sent via USPS First Class, UPS and FedEx (depending on weight and size) and include delivery confirmation, which the customer agrees is an acceptable determination of shipment delivery and receipt by the customer. Any such shipping can take anywhere from 5-15 days depending on location and postal volumes.
When free shipping is offered, shipments will be sent by the lowest cost method available. Customers may pay for a faster shipping method if they choose.
Promotions and Sales
Any promotion or sale offer may not be applied to prior purchases or retainer fees paid. Retainer fees cover hair and makeup and photography session only. Prints and products are purchased separately. All sales are final. No refunds will be given.
Financial Information That You Give Us
Some parts of the DMB Media LLC/Diamond Moon Boudoir experience are available on a paid basis. We also may offer products and services through an online store. To facilitate payment, we will request certain required personal information from you, including your personal credit card or debit card information.
When you make a purchase we will collect the following personal and financial information from you:
Name
Billing address
Shipping address
Phone number
Credit/debit card information
Items purchased
Your financial information will not be shared with anyone outside of DMB Media LLC/Diamond Moon Boudoir, other than the financial institutions involved in processing your payment. We will comply in all respects with applicable consumer credit laws.
In order to purchase products and services through Diamond Moon Boudoir’s online store, you are required to provide valid payment information as required by the online store. Diamond Moon Boudoir may terminate your order for products or services if we are unable to process your payment information and if you fail to provide an alternative form of payment upon the request of the studio.
You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to the photography studio or a vendor of the studio, including, without limitation, attorneys’ fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that the photography studio may collect from you in connection with your purchase of products or services. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Diamond Moon Boudoir reserves the right to collect taxes and other related fees from you at any time. In certain jurisdictions, the photography studio may be required to collect and remit sales tax in connection with your purchase of products or services. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
Be advised; If you click away from our website and follow a link to visit the site of any third party advertiser or sponsor, you may be asked for your payment card or other personal information in order to purchase or use products or service offered. These companies have their own privacy and data collection practices. We have no responsibility or liability for these independent policies. You should therefore review their privacy notices carefully if you have concerns about how your information may be used.
Trademarks
Diamond Moon Boudoir, Lexington’s Luxury Boudoir Studio are trademarks of DMB Media LLC/Diamond Moon Boudoir.
All brand, product and service names, including any images or logos, used in conjunction with this service which identify Diamond Moon Boudoir are, in each case, proprietary marks of DMB Media LLC/Diamond Moon Boudoir. Nothing in this service shall be deemed to confer on any person any license from Diamond Moon Boudoir with respect to any such brand, product or service name, image or logo.
Diamond Moon Boudoir’s intellectual property is protected by trademark rights and copyrights. For more information, please contact the company.
Return Policy
Our goal at Diamond Moon Boudoir is your complete satisfaction with your experience and purchase.
Due to the nature of digital photography and the fact that photographs and other photographic products such as albums and wall art, once ordered from third party vendors, shipped or otherwise sent, cannot be returned or refunded; Diamond Moon Boudoir has a strict NO RETURNS OR REFUNDS POLICY. Once a transaction has been completed (i.e., the buyer selected and paid for the photo or file or photographic product and Diamond Moon Boudoir has ordered from a third party vendor, shipped or otherwise sent the buyer the correct photography) it is then considered non-refundable. If the buyer has selected and purchased an incorrect photo, they must notify Diamond Moon Boudoir, before receiving the “incorrect” photography. Refunds will not be given if photography is identified as “incorrect” after the buyer has already received the photography, or for any other reason. If the wrong photo is sent to the buyer, as documented on their proof sheet, invoice/receipt, DMB Media LLC/Diamond Moon Boudoir will send the correct photo to the buyer at no additional charge.
Refund/Exchange Policy for Framed Prints, Canvas and Metal Prints, Custom Albums and Photo Books and Other Photographic Products
Due to the custom, pre-designed nature of these services, there are no refunds on any design order. Framed prints, canvases, acrylic prints, albums and photo books and othe
r photographic products are custom products, are made-to-order and cannot be returned or exchanged unless:
A manufacturer defect is evident and reported within 48 hours from the date it is received.
Damage occurs during shipping. (A claim must be filed by the customer directly with the shipping carrier and damage must also be reported to the studio within 48 hours of being received.)
An order was processed in error, such as an error in the size, color/style of an album, book or print, as compared to the original recorded order.
Policies
All prints and products are subject to state and local sales tax and shipping fees when applicable. Due to the nature of custom photography, all sales are final. DMB Media LLC/Diamond Moon Boudoir guarantees that the photographic prints and products received by the client meet the highest standards and works with clients to approve designs and custom work before orders are placed with our vendors. Payment of orders is due in full prior to any order being placed or digital files being delivered. Prints and products typically arrive 4-6 weeks after payment is received. Rush delivery may be available on some items for an additional charge. All rates are subject to change at any time. All rates are non-negotiable unless booked through a special promotion.
Please be sure to select carefully before ordering and if you have any questions about any of these policies, terms and conditions, please contact us at:
Diamond Moon Boudoir
3475 Greentree Road
Lexington, KY 40517
(859) 695-5208
hello@diamondmoonboudoir.com.
